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Workplace Legal

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HR & Employment Law Counseling and Litigation(415) 851-8900
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Posts Tagged With: tips

New IRS Tip Rule Says Mandatory “Service Charges” are Wages

November 25, 2013 by Jeffrey S. Sloan

If you are a restaurant that charges a mandatory 18% service charge on large parties…or if you charge a mandatory $15 corkage fee for opening a customer’s bottle of wine…or a $3 per slice fee for cutting a customer’s birthday cake…you may want to reconsider this practice. Why?  Because starting on January 1, 2014, IRS… Read More

Categories: Compensation and Benefits, Employment Law Advice & Counsel Tags: bar, hospitality, hotel, IRS, IRS Rev. Ruling 2012-18, restaurant, service charge, tips

IRS Announces Guidance on Withholding of Tips

June 25, 2012 by Jeffrey S. Sloan

The IRS today released Internal Revenue Bulletin 2012-26 providing guidance on how taxes are imposed on tips under the Federal Insurance Contributions Act (FICA).  The bulletin is in question-and-answer format and includes an explanation of both the employer’s and employee’s obligations.  The bulletin also addresses the following issues: — The difference between a tip and… Read More

Categories: Compensation and Benefits, Employment Law Advice & Counsel, General Business Tags: IRS, tips, wages

CA Supreme Court Rules that Employees Cannot Sue for “Tip Pooling” Violations

August 9, 2010 by Jeffrey S. Sloan

On August 9, 2010, the California Supreme Court gave restaurant and other hospitality employers a victory in Lu v. Hawaiian Gardens, 50 Cal. 4th 592 (2010), by holding that California Labor Code Section 351 does not contain a private right to sue.  Therefore, a tipped employee in California cannot sue his employer in court for… Read More

Categories: Employment Law Advice & Counsel Tags: B&P Code 17200, CA Supreme Court, Labor Code Section 351, tip pooling, tips

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  • Advice and Counseling
  • Employment Disputes and Litigation
  • Alternate Dispute Resolution
  • HR Strategy and Infrastructure
  • Executive Severance Negotiation
  • Discrimination, Harassment & Retaliation
  • Wage and Hour
  • Trade Secrets and Unfair Competition
  • Workplace Investigations
  • Executive and Professional Recruiting

Recent Blog Posts

  • 2019 Brings New Laws and Obligations for California Employers
  • Dynamex “ABC Test” Limited to Wage and Hour Claims Only
  • Employers’ Group Sues California Claiming PAGA is Unconstitutional
  • Smart Onboarding Improves Employee Retention
  • Section 998 Offers Cannot Shift Attorneys’ Fees to Plaintiffs in FEHA Cases

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